If you are filing a personal injury lawsuit or seeking compensation, you may have heard the word negligence. In order to collect compensation for your injuries, your lawyer must first establish who the negligent party is. This means – who is responsible for the accident and your injuries. Yet this is not always an easy task and in some cases both parties share responsibility for the accident and the injuries. When this occurs, who is to blame? And who pays? Understanding the answers to these questions means understanding the difference between contributory and comparative negligence.
Contributory negligence means that both parties may have been at least partially responsible for the accident. As an example, assume John is driving 50 in a 35mph zone. Jane, a bicyclist, pedals out from behind a car, crossing where there is no crosswalk. In this instance, both John and Jane are at least partially responsible for the resulting accident (when John’s car strikes Jane). Under contributory negligence, the injured party (Jane) would file a personal injury claim, suing John for her injuries.
John would then file a counter-claim, asserting contributory negligence against Jane, stating that her injuries were, at least somewhat, the result of her own negligent actions. If John can prove his claim of contributory negligence, Jane might either be completely barred from recovering any damages for her injuries, or her damages could be significantly reduced.
Under comparative negligence laws, each party’s negligence for any injury is carefully weighed when considering damages. Traditionally, courts view contributory negligence as a total bar to damage recovery. This means that when a person contributes, in any way, to his or her injuries, then no compensation is warranted. Unfortunately, this is a very harsh, sometimes unfair outcome, which led to comparative negligence laws. A state may operate under pure comparative negligence laws or modified comparative negligence laws.
Under pure comparative negligence, the damages of a plaintiff are totaled, then reduced according to how responsible he or she was for the accident. If a plaintiff was awarded $100,000, and the jury decided he or she was 40 percent responsible for the accident, the plaintiff would receive $60,000. Under modified comparative negligence, if the plaintiff is found equally or more responsible for his or her injuries (50 percent or above), then there will be no compensation awarded. The state of Colorado operates under modified comparative negligence rules.
Understanding negligence and how it applies to your case can be confusing and complicated. That is why it is so important to have an experienced personal injury attorney on your side from the very start. Your attorney will be able to fight aggressively for your rights to maximum compensation.
If you or someone you love has been injured in an accident in Broomfield, Northglenn, Westminster, Thornton, or anywhere in Colorado, it is important to contact our experienced personal injury attorneys immediately. At Hull & Zimmerman, P.C., our committed personal injury lawyers are dedicated to the belief that everyone deserves justice. Contact us at (303) 423-1770 or (866) 385-3505.
Our personal injury lawyers have extensive experience representing injured accident victims in Broomfield, Arvada, Superior, Lafayette, Louisville, Erie, Brighton, Commerce City, Northglenn, Westminster, Thornton, Longmont, and throughout Colorado.
At Hull & Zimmerman, P.C., we are honored to help accident victims in their time of need, and take our responsibility as personal injury lawyers incredibly seriously. We know how important it is for victims to secure the full and fair compensation they need following a serious accident, and that is why we take a hands-on, personalized approach to every case we handle.
awarded to a woman who was a victim of a car crash. The woman was driving the highway when the other driver approaching from the opposite direction lost control of his vehicle, crossed the center line and hit her head on. She suffered multiple broken bones, including her hip, pelvis, leg, and right arm. She missed several years of work as a result of her injuries. Read More
awarded to a woman who was the victim of a t-bone car crash. The client suffered multiple injuries. The most significant of which was a head injury. While she was ultimately able to return to work on a part-time basis, Plaintiff was never able to return to work on a full-time basis. Read More
settlement awarded to a lady who suffered a head injury. She slipped and fell in a slanted parking lot at her place of employment. Evidence demonstrated that the owner of the building had constructed a fence shading the parking lot such that ice was allowed to continuously accumulate during the winter months. Multiple people had fallen on the ice prior to the client’s fall. As a result of her injuries, Plaintiff was forced to take early retirement. Read More
awarded to a man whose vehicle was hit from behind by a semi. The injured party suffered back pain and rotator cuff tears in each shoulder and was forced to retire from his job doing road repair four years earlier. Read More
settlement (policy limits) awarded to a young man who lost his eye when another child shot an arrow into the air. Read More
settlement obtained for a man who was injured in a rear end automobile accident. He suffered a herniated disc in his low back which was not well resolved by surgery forcing him to leave his employment as an apartment maintenance manager. Read More
awarded to a gentleman in association with a workman’s compensation case. He initially sustained a head injury at work when attacked by a patient. Several years later, his condition worsened resulting in his inability to return to work in his usual job. Read More
settlement achieved in a legal malpractice case. The client initially suffered a herniated disc in her neck in association with an automobile accident. The attorney failed to file the lawsuit in a timely manner and the Plaintiff was initially denied her ability to achieve any monies from the original lawsuit. Read More
settlement awarded to a man who was a victim of an automobile accident. Plaintiff was a passenger who was rear-ended by another driver. Following the accident, he suffered a long term back injury. Read More
settlement awarded to a lady who aggravated a pre-existing back condition when she slipped and fell at the entrance to a casino. Read More
awarded to a woman who suffered a rotator cuff tear from an automobile accident. Read More
$1,250,000.00 –awarded to a woman who was a victim of a car crash. The woman was driving the highway when the other driver approaching from the opposite direction lost control of his vehicle, crossed the center line and hit her head on. She suffered multiple broken bones, including her hip, pelvis, leg, and right arm. She missed several years of work as a result of her injuries.
$1,200.000.00 –awarded to a woman who was the victim of a t-bone car crash. The client suffered multiple injuries. The most significant of which was a head injury. While she was ultimately able to return to work on a part-time basis, Plaintiff was never able to return to work on a full-time basis.
$450,000.00 –settlement awarded to a lady who suffered a head injury. She slipped and fell in a slanted parking lot at her place of employment. Evidence demonstrated that the owner of the building had constructed a fence shading the parking lot such that ice was allowed to continuously accumulate during the winter months. Multiple people had fallen on the ice prior to the client’s fall. As a result of her injuries, Plaintiff was forced to take early retirement.
$425,000 –awarded to a man whose vehicle was hit from behind by a semi. The injured party suffered back pain and rotator cuff tears in each shoulder and was forced to retire from his job doing road repair four years earlier.
$300,000.00 –settlement (policy limits) awarded to a young man who lost his eye when another child shot an arrow into the air.
$300,000.00 –settlement obtained for a man who was injured in a rear end automobile accident. He suffered a herniated disc in his low back which was not well resolved by surgery forcing him to leave his employment as an apartment maintenance manager.
$250,000.00 –awarded to a gentleman in association with a workman’s compensation case. He initially sustained a head injury at work when attacked by a patient. Several years later, his condition worsened resulting in his inability to return to work in his usual job.
$250,000.00 –settlement achieved in a legal malpractice case. The client initially suffered a herniated disc in her neck in association with an automobile accident. The attorney failed to file the lawsuit in a timely manner and the Plaintiff was initially denied her ability to achieve any monies from the original lawsuit.
$150,000.00 –settlement awarded to a man who was a victim of an automobile accident. Plaintiff was a passenger who was rear-ended by another driver. Following the accident, he suffered a long term back injury.
$125,000.00 –settlement awarded to a lady who aggravated a pre-existing back condition when she slipped and fell at the entrance to a casino.
$75,000.00 –awarded to a woman who suffered a rotator cuff tear from an automobile accident.
Easy to talk to. They made my experience very comfortable through my whole
journey. My heartfelt gratitude goes out to the whole staff at Hull &
Zimmerman. Thank you
- 
– R. Hamilton1
I
would just like to send a “thank you” to you and your staff. You have been
the most professional and efficient law office if have ever dealt with. I
will continue to tell people about the wonderful job you have done for me
and my family. Mr. Zimmerman you are the most professional lawyer and I
truly appreciate all you have done. Again Thank you
– D. Hassoun
would just like to send a “thank you” to you and your staff. You have been
the most professional and efficient law office if have ever dealt with. I
will continue to tell people about the wonderful job you have done for me
and my family. Mr. Zimmerman you are the most professional lawyer and I
truly appreciate all you have done. Again Thank you.
– Jason B.
I
was injured in a fall and the nightmare began. I found Mike Zimmerman on the
internet, read his background history and contacted his office. The Office
Staff was wonderful, patient, and helpful, even though I was probably a pain
to them. Mike is a no nonsense kind of guy. He will tell you exactly what he
feels about your case and will not sugar coat it. You will know exactly what
to expect and I appreciated the honesty! I would recommend Mike to anyone
who has their life spinning out of control because of an accident. He help
me get my life back.
– Mary T.
Working through divorce and custody issues is an extremely difficult and
emotionally trying experience. Mike Zimmerman represented my interest in a
highly professional manner and protected my rights as a parent at a level
that exceeded my highest expectations. This firm’s expertise, ability and
professionalism earned my respect as well as my continued business for any
legal issues I encounter in the future.
– Michael D.
We
came across mike Zimmerman when we were involved in an accident awhile back,
we had been negotiating with the insurance company for some time and getting
nowhere with a settlement. Never knowing Mike Zimmerman when we had gone and
seen him it really surprised us that he made us feel right at home and that
he was really concerned for his clients. Mike was very upfront with us a our
lawyer, and advised us every step of the way. His associates were very
professional and office personnel was very friendly also. Mike got almost
double the settlement we were expecting and we just were very satisfied and
would highly recommend him to anyone that needs a good honest lawyer.
– Clarencec & Joy W.
We
were hit by an uninsured driver in 2006 and my husband was unable to work
for some time. Initially our own insurance really didn’t want to help us. On
the recommendation of a friend, we contacted Mr. Z and with his advice,
suggestions and hard work, we were able to get the what we needed from our
insurance to help us with our bills and medical costs. His staff was very
patient with us as well and was always available to reassure us and to
answer our questions. We hope nothing like this ever happens again, but if
it was to happen, we would contact Mr Zimmerman in a heart beat.
– G. & B O.
Rick – Smart and nice! We were nervous and Rick put us at ease. Kept us
informed. Never thought we made a bad choice. Also, the first time I called,
I talked to Rick…impressed us very much.
– D. & S. Bratrovsky
Exceeded expectations!
– T. Thiel
I
liked the fact that I was kept up to date throughout the process. When the
accident first happened, Rick went to bat for me right away to make sure
that I was compensated for my loss of transportation. The end result in my
case exceeded my expectations and I was very pleased.
– D. Hughley
I
appreciated the effort Rick Hull presented during the difficulties that
occurred throughout the settlement and following. I felt completely at ease
during the whole process.
– Michele Wolf
I
appreciated the fact that Rick Hull always explained everything to me. No
matter how insignificant I thought the question was, he encouraged me to ask
and was very patient when I didn’t understand some aspect of the legal
procedures. I also appreciated the fact that Rick was a real person, he
wasn’t stiff or unapproachable. He was easy to talk to, to understand, and
get along with. In addition, he explained certain aspects of Colorado law
thoroughly to me so that I could make an informed decision that best suited
my needs.
June 30th
It has taken more than 50 years, but automakers and the Department of Transporta… Read More
June 29th
Colorado is chock full of picturesque motorcycle routes, making it one of the to… Read More
June 27th
Teen drivers are at an increased risk for getting into a car accident, simply be… Read More
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Driving is dangerous- even for the most conscientious of drivers. Then, there ar… Read More
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Being involved in an accident can be a traumatic and terrifying ordeal. If you a… Read More
